Don't be the grinch who stole the holidays
Seasonal Holiday Lighting & Decorations and Your HOA
There are over 62 million Americans who live in homeowner associations. It’s likely that if you live in a homeowners’ association that there are rules governing holiday lighting and decorations you may or may not be aware of.
Let’s start at the beginning…
The goal of the homeowners’ association is to regulate activities that may affect the neighborhood. By purchasing in a homeowners’ association, you are purchasing property subject to the Covenants, Conditions, and Restrictions (CCRs) and additional Amendments, Policies, and Rules and Regulations.
This may include regulations controlling pets, basketball hoops, paint colors, landscaping and parking.
When it comes to the holidays and holiday decorations, opinions can vary wildly on what’s attractive and appealing versus what’s hokey, an eye sore, or even noisy. The homeowners’ association should take care in applying any rule objectively and fairly by establishing reasonableness. The last thing a homeowners’ association wants is to get tied up in a legal battle; the court may not rule in favor of aesthetic as one association in Louisiana found out: http://blogs.findlaw.com/legally_weird/2012/12/middle-finger-christmas-lights-are-legal-judge-rules.html
Here are some helpful hints on effective rules for holiday lighting and decorations:
There are over 62 million Americans who live in homeowner associations. It’s likely that if you live in a homeowners’ association that there are rules governing holiday lighting and decorations you may or may not be aware of.
Let’s start at the beginning…
The goal of the homeowners’ association is to regulate activities that may affect the neighborhood. By purchasing in a homeowners’ association, you are purchasing property subject to the Covenants, Conditions, and Restrictions (CCRs) and additional Amendments, Policies, and Rules and Regulations.
This may include regulations controlling pets, basketball hoops, paint colors, landscaping and parking.
When it comes to the holidays and holiday decorations, opinions can vary wildly on what’s attractive and appealing versus what’s hokey, an eye sore, or even noisy. The homeowners’ association should take care in applying any rule objectively and fairly by establishing reasonableness. The last thing a homeowners’ association wants is to get tied up in a legal battle; the court may not rule in favor of aesthetic as one association in Louisiana found out: http://blogs.findlaw.com/legally_weird/2012/12/middle-finger-christmas-lights-are-legal-judge-rules.html
Here are some helpful hints on effective rules for holiday lighting and decorations:
- Identify a time frame for holiday decorations to be displayed: 30 days before the holiday and 2 weeks beyond the holiday. Allow a reasonable time to display lights and decorations and a reasonable time for removal.
- Noise restrictions: Displays accompanied by music may be delightful to some but difficult to tolerate for others. Suggesting a reasonable time like 9am to 8pm may help neighbor relations.
- Size Restrictions: The association may consider limits on the size of displays due to view corridor and safety reasons or simply to honor the overall aesthetic. Ask for the Architectural Review Committee for assistance and feedback.
